UPPER FREEHOLD — The Township Committee has amended an ordinance that was the subject of litigation with New Jersey Natural Gas (NJNG) regarding the excavation of streets in Upper Freehold Township.
In late 2014, committee members began seeking information when NJNG’s plan to construct a high-pressure gas pipeline from Chesterfield in Burlington County to Manchester Township in Ocean County came to the attention of the public.
According to the proposal, a section of the pipeline would run through Upper Freehold Township.
Subsequent to that, NJNG initiated and maintained communication with Upper Freehold officials regarding possible routes for the pipeline.
In February, the committee adopted an ordinance that “explicitly prohibits the issuance of road opening permits for projects that do not directly service or benefit the township.”
NJNG executives took issue with that ordinance and indicated they would pursue legal recourse.
According to a petition for the gas pipeline that NJNG filed with the state Board of Public Utilities in April, Upper Freehold indicated through the ordinance that no route through the municipality could be occupied for natural gas transmission, thereby controlling the flow of natural gas.
NJNG claims it was beyond Upper Freehold’s ability as a municipality to claim such authority over road opening regulations.
“Upper Freehold improperly adopted the ordinance pursuant to its general police powers rather than its zoning powers,” the company said.
On June 4, the committee amended the ordinance and Township Attorney Dennis Collins said the law is now in compliance with requests from NJNG.
“This ordinance is in accordance with NJNG’s emails to the governing body and is based upon discussion we have had with them. The amended ordinance also still has Upper Freehold as an objector to the Southern Reliability Link (gas pipeline),” Collins said.
According to the ordinance that was adopted in February, a minor road opening up to 200 square feet would have required a $250 application fee. Major linear openings were to cost $250 plus $1 per linear foot for the first 500 feet; $4 per linear foot for the next 1,500 feet; and $5 per linear foot for all additional lengths.
According to the amended ordinance, for road opening permits of 200 square feet or less, the applicant must pay an application fee of $250. Major linear openings will be $250 plus $5 per linear foot for the first 500 feet; $4 per linear foot for the next 500 feet; $3 per linear foot for the next 500 feet; $2 per linear foot for the next 1,500 feet; and $1 per linear foot for all additional length.
Under the initial ordinance, 10,000 feet of linear construction would cost $46,500. Under the amended ordinance, 10,000 feet of linear construction would cost $16,000.
Mayor Stanley Moslowski Jr., Deputy Mayor Dr. Robert Frascella and Committeewoman LoriSue Mount voted to adopt the amended ordinance.
Committeemen Stephen Alexander and Robert Faber were not present at the June 4 meeting.